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SB184:Castle Doctrine/ Firearms bill headed to Governor for signature!

Samuel Adams

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Apr 19, 2008
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One day after the Ohio House passed amended SB184 with a strong bipartisan majority, the Ohio Senate has concurred to the improvements with an equally strong and bi-partisan 25-7 vote. (Click here to see how they voted.)

Buckeye Firearms Association Chairman Jim Irvine said, "This is an important law for all law-abiding gun owners. It fixes many problems that have plagued hunters and concealed carry license holders for years. Good people have been entrapped by bad laws."

The bill now awaits Governor Strickland’s signature.

"I am proud to support this important legislation that protects gun owners throughout the state of Ohio," Strickland stated. "I look forward to signing these common sense protections into law."

"Law-abiding Ohioans finally have a simple and understandable way to transport firearms, and no longer have to fear getting trapped up in the legal system for having lawfully defended themselves in their home," continued Irvine. "We thank the legislature and the Governor for addressing these important issues."

In addition to Ohio's Castle Doctrine protections, amended SB184 contains technical corrections and improvements including:

  • Clarification on how persons without a Concealed Handgun License (CHL) can legally transport firearms in an automobile
  • Allows lawful concealed carry in your home without a Concealed Handgun License (CHL)
  • Clarifies an unloaded firearm as one with no ammunition in the firearm or in magazines or speedloaders, regardless of where else ammunition is stored
  • Allows lawful Concealed Carry in retail establishments with a class D6/D8 liquor license (package sales only, not bars/restaurants)
  • Allows pick up/drop off by CHL holders in school safety zones
  • Provides for mandatory legal fees for gun owners who require court orders to have firearms returned to them.
  • Allows lawful Concealed Carry in state owned shelters, restrooms and parking garages.
  • Decriminalizes Concealed Carry in privately owned parking garages.
  • Prohibits landlords from prohibiting tenants from owning/carrying firearms
  • Allows CHL holders to carry firearm in unlocked glove compartment or center console.
  • Expunged/Sealed records are no longer considered when applying for a CHL.
  • Written test is no longer required for competency renewal of CHL


Several law enforcement agencies strenuously objected to defining a "loaded gun" to mean specifically a gun with ammunition in the gun. They seem to prefer the current confusing and haphazard standard that will be fixed by this bill.

The Ohio Prosecutors Association vehemently objected to the change which will require them to assume crime victims are innocent until proven guilty. They argued to keep in place an unfair system where crime victims must prove their innocence after they successfully stop a violent attack with deadly force. In the past, victims have been presumed guilty until they proved themselves innocent.

SB184 will reduce penalties for good people ensnared by confusing laws. This change focuses our criminal justice system on punishing criminals and removes undue burden from law-abiding gun owners, police, and the general population.

CLICK HERE to download the Act.

CLICK HERE to download a summary of the improvements.

HOW THEY VOTED in the HOUSE.
 

fully stealth

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Indeed; wonderful news! I have identified my representatives and will send them an appropriate note; one for doing the right thing, and one for onlyprolonging the confusion, stupidity, and injustice. I am enjoyingthis forumvery muchand appreciate the interesting and informative postings. Although a "fully stealth" carrier due to my lifestyle and surroundings, I take my hat off to all of you. May God Bless our America.
 

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fully stealth

New member
Joined
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Messages
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Location
, , USA
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Indeed; wonderful news! I have identified my representatives and will send them an appropriate note; one for doing the right thing, and one for onlyprolonging the confusion, stupidity, and injustice. I am enjoyingthis forumvery muchand appreciate the interesting and informative postings. Although a "fully stealth" carrier due to my lifestyle and surroundings, I take my hat off to all of you. May God Bless our America.
 

Liko81

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Dec 26, 2007
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496
Location
Dallas, TX, ,
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Samuel Adams wrote:
Clarifies an unloaded firearm as one with no ammunition in the firearm or in magazines or speedloaders, regardless of where else ammunition is stored
I'm confused by this one. Normally, unloaded is "Condition 4"; the firearm has an empty chamber, no magazine OR an empty magazine, and decocked. Does this mean that if I have a revolver with 6 empty charge holes in one pocket, and a speedloader in the other, I am in possession of a loaded weapon under the terms of the new law, or was this summary so compressedas to lose the clarity the lawmakers gave?

Provides for mandatory legal fees for gun owners who require court orders to have firearms returned to them.

:celebrate

Prohibits landlords from prohibiting tenants from owning/carrying firearms
:celebrate:celebrate

The Ohio Prosecutors Association vehemently objected to the change which will require them to assume crime victims are innocent until proven guilty. They argued to keep in place an unfair system where crime victims must prove their innocence after they successfully stop a violent attack with deadly force. In the past, victims have been presumed guilty until they proved themselves innocent.
:what::what::what::banghead::banghead::banghead:
 

reefteach

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Aug 5, 2006
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Cincinnati, Ohio, USA
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Maybe we could get the Restaurant Carry Ban removed this year:celebrate

restaurantcarrymap.png
 

MetalChris

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Jul 26, 2007
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SW Ohio
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Samuel Adams wrote:
Allows lawful concealed carry in your home without a Concealed Handgun License (CHL)
Oops...I was already carrying concealed in my house for about three months before I got my WA State LCCP.

Oh well. :)
 

UCP

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Any updates on this? I'm a 24 y.o. Ohio native who had a little trouble when I was 18. The record has since been sealed and expunged.... last year...:quirky FINALLY.

I do not own a firearm, nor does it look like I will anytime soon, but I'm interested to see where this goes. Naturally I'm most interested in the part about sealed felony records being considered for CCW permits.

My crime was actually CCW, but it wasn't due to injustice, it was due to me being a dumb kid and not taking care of things in the appropriate manner. I did brake the law, I feel that for someone with no prior record a reduced charge shouldn't have been out of the question, but I got the felony anyway. It's been a long hard road and I've learned a LOT for the better though. I'll be looking for a summer job (in school full time) soon, it'll be nice to know that for the first time in years my applications won't be tossed aside at first review.... :)

I reviewed the laws about concealed carry briefly when my record was sealed, and wasn't surprised that it was laid out so sealed records were still considered, more disappointed.

I'd like to buy a handgun here in a year or two, but I personally don't think I'm mature enough for me to feel comfortable with the extra responsibility of carrying a handgun 24/7, but if I do get a firearm, I would like to get the license just so that it would be a legal option if i chose to go that route.

Wow... that's delightfully off-track... anyway... any updates?

I've been reading more and saw that the governor is set to sign this on Tuesday the 10th.
 

Legba

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A single expunged felony (of certain categories - non-volent/non-narcotics/non-sex-related offenses) is not a bar to buying guns in Ohio. You should be OK. As for the permits, it's slightly more restrictive, but as I understand it, you should still be OK to get one. It will show up on a background check conducted by a law enforcement agency, but once your civil rights are restored, you're OK, and as the law reads, it's a misdemeanor for any LEO to mention your past record to anyone else (an employer, the press), once sealed.

-ljp
 

dng

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Good news for Ohioans! Things are starting to head in the right direction!
 
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